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20 January 2021, 08:26
Cancel seasonal time transition in Ukraine
At it’s meeting on January 20, the Committee on Ukraine's Integration
into the EU considered two draft laws: No. 4201and No. 4201-1, which
propose to abolish the transition to summer and winter time. The first
draft law aims to introduce Kyiv time in Ukraine and, starting this
year, not to use seasonal transition of time. The authors of the
alternative document claim that proposed model is a blueprint of the
one adopted in Russia, and suggest using “Ukrainian time” in Ukraine.
With regards to both draft laws, the Committee concluded that they did
not conflict with the EU law and the Association Agreement, but need to
be revised, in particular to eliminate legal uncertainty.
The Committee also considered at the meeting draft laws, which propose to regulate the market of gas, timber, road transport and even the taxation of home brewing.
The members of the Committee recognized the draft laws as consistent with the EU law:
• Draft Law No. 4539. It offers benefits when paying consular fees to certain categories of Ukrainian citizens. In particular, victims of the Chornobyl disaster, persons with disabilities of groups I and II and children with disabilities.
• Draft Law No. 4376 on Amendments to Article 7 of the Law of Ukraine “On Road Transport”. The draft law proposes that the regional state administrations organize the passenger transportation by intra-regional routes, which will go beyond the territorial community. If public bus routes run between settlements within one territorial community - transportation will be organized by the executive body of the local council of the territorial community.
• Draft No. 4259 on Amendments to Article 16 of the Law of Ukraine “On Atmospheric Air Protection”. The draft law regulates relations in the field of handling controlled substances and products containing them, and the use of which affects the ozone layer and climate change.
• Draft Law No. 4197 on the timber market. According to the authors of the bill, it is aimed at creating a regulatory framework for the functioning of the timber market through a combination of free competition and government regulation. The draft law on the timber market does not contradict the EU law, but needs significant refinement in order to move closer to EU law. The same conclusion was reached as to the alternative draft Law No. 4197-1.
• Draft Law No. 4437 on Amendments to the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine”. It proposes a change in the procedure for the appointment and dismissal of the NABU director. The Committee concluded that the document did not contradict the objectives of the Association Agreement, but needed to be revised to take full account of the Decision of the Constitutional Court of Ukraine No. 11-r/2020. The same conclusion was adopted, regarding two alternative draft laws No. 4437-2 and No. 4437-3 on amendments to the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine”.
The members of the Committee recognized the following draft laws as inconsistent with EU law:
• Draft Law No. 4127 on amendments to regulate some aspects of home brewing taxation. The document proposes to provide tax benefits to individuals-entrepreneurs engaged in home-brewing, in case they also produce raw milk. According to the Committee, the draft law does not comply with Ukraine’s international obligations.
• Draft Law No. 4400 on Amendments to Legislative Acts Concerning the Development of Competition in the Natural Gas Market. The draft law, in particular, determines the peculiarities of setting the starting price of natural gas, the maximum price, restrictions and certain features of the procedure for conducting such exchange auctions. The draft law, according to the Committee, is contrary to the EU law and needs to be finalized.
• Draft Law No. 4437-1 on Amendments to the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine” does not contradict the Association Agreement, but does not comply with the EU law No. 883/2013 and needs to be finalized in order to fully take into account the Decision of the Constitutional Court of Ukraine No. 11-r/2020.
The Committee also considered at the meeting draft laws, which propose to regulate the market of gas, timber, road transport and even the taxation of home brewing.
The members of the Committee recognized the draft laws as consistent with the EU law:
• Draft Law No. 4539. It offers benefits when paying consular fees to certain categories of Ukrainian citizens. In particular, victims of the Chornobyl disaster, persons with disabilities of groups I and II and children with disabilities.
• Draft Law No. 4376 on Amendments to Article 7 of the Law of Ukraine “On Road Transport”. The draft law proposes that the regional state administrations organize the passenger transportation by intra-regional routes, which will go beyond the territorial community. If public bus routes run between settlements within one territorial community - transportation will be organized by the executive body of the local council of the territorial community.
• Draft No. 4259 on Amendments to Article 16 of the Law of Ukraine “On Atmospheric Air Protection”. The draft law regulates relations in the field of handling controlled substances and products containing them, and the use of which affects the ozone layer and climate change.
• Draft Law No. 4197 on the timber market. According to the authors of the bill, it is aimed at creating a regulatory framework for the functioning of the timber market through a combination of free competition and government regulation. The draft law on the timber market does not contradict the EU law, but needs significant refinement in order to move closer to EU law. The same conclusion was reached as to the alternative draft Law No. 4197-1.
• Draft Law No. 4437 on Amendments to the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine”. It proposes a change in the procedure for the appointment and dismissal of the NABU director. The Committee concluded that the document did not contradict the objectives of the Association Agreement, but needed to be revised to take full account of the Decision of the Constitutional Court of Ukraine No. 11-r/2020. The same conclusion was adopted, regarding two alternative draft laws No. 4437-2 and No. 4437-3 on amendments to the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine”.
The members of the Committee recognized the following draft laws as inconsistent with EU law:
• Draft Law No. 4127 on amendments to regulate some aspects of home brewing taxation. The document proposes to provide tax benefits to individuals-entrepreneurs engaged in home-brewing, in case they also produce raw milk. According to the Committee, the draft law does not comply with Ukraine’s international obligations.
• Draft Law No. 4400 on Amendments to Legislative Acts Concerning the Development of Competition in the Natural Gas Market. The draft law, in particular, determines the peculiarities of setting the starting price of natural gas, the maximum price, restrictions and certain features of the procedure for conducting such exchange auctions. The draft law, according to the Committee, is contrary to the EU law and needs to be finalized.
• Draft Law No. 4437-1 on Amendments to the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine” does not contradict the Association Agreement, but does not comply with the EU law No. 883/2013 and needs to be finalized in order to fully take into account the Decision of the Constitutional Court of Ukraine No. 11-r/2020.